1 2026:CGHC:964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 15 of 2026 Nitesh Kumar Sharma S/o Kamlesh Kumar Sharma, Aged About 26 Years R/o Sector-02, Makan No. 2073, Near To New Aadarsh Dudh Dairy, Shivanand Nagar, Raipur, District Raipur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Tikrapara, Raipur District Raipur C.G. ... Respondent(s) For Applicant(s) : Mr. Arun Kukreja, Advocate. For Respondent(s) : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 229/2025 registered at Police Station Tikrapara, Raipur District Raipur (C.G.) for the offence punishable 2 under Sections 317(2), 317(4), 317(5), 111 of BNS. 2. Case of the prosecution, in brief, is that the Ministry of Home Affairs, Government of India, has established a Cyber Crime Reporting Portal to prevent cyber crimes, through which victims can report incidents of cyber fraud. Based on information received through this system, it was revealed that a total of 45 bank accounts were opened in Ratnakar Bank Limited (RBL), Raipur Branch (IFSC Code RATN0000389), which were used for receiving and transferring amounts obtained through cyber fraud. On the basis of this information and as per the directions of the Police Headquarters, Police Station Tikrapara, Raipur registered Crime No. 229/2025 under Sections 317(2), 317(4), 317(5) and 111 of the Bharatiya Nyaya Sanhita, 2023, against the holders of the said 45 bank accounts. The case was thereafter transferred for investigation to the Range Cyber Police Station, Raipur, wherein the said bank accounts were identified as mule accounts allegedly used by cyber criminals for transferring the proceeds of fraud. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that identically situated co- accused persons, namely, Vikas Madhwani, Jitendra Bagh, Priya Sori and Bhavika Harchandani have already been granted bail by the Hon’ble Supreme Court vide common order dated 18.12.2025 3 in Criminal Appeal No. 5615/2025 arising out of SLP (Crl.) No. 16298/2025, Criminal Appeal No. 5616/2025 arising out of SLP (Crl.) No. 17964/2025, Criminal Appeal No. 5617/2025 arising out of SLP (Crl.) No. 19330/2025 and Criminal Appeal No. 5618/2025 arising out of SLP (Crl.) No. 19243/2025, respectively. The applicant is in jail since 24.06.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to be one of the holders of a bank account identified as a “mule account,” which was used for receiving and transferring money obtained through cyber fraud, thereby facilitating the commission of cyber offences. Therefore, present applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.06.2025, the fact that though the applicant is alleged to be one of the holders of a bank account identified as a “mule account,” which was used for receiving and transferring money 4 obtained through cyber fraud, thereby facilitating the commission of cyber offences, but considering the fact that identically situated co-accused persons, namely, Vikas Madhwani, Jitendra Bagh, Priya Sori and Bhavika Harchandani have already been granted bail by the Hon’ble Supreme Court vide common order dated 18.12.2025 in Criminal Appeal No. 5615/2025 arising out of SLP (Crl.) No. 16298/2025, Criminal Appeal No. 5616/2025 arising out of SLP (Crl.) No. 17964/2025, Criminal Appeal No. 5617/2025 arising out of SLP (Crl.) No. 19330/2025 and Criminal Appeal No. 5618/2025 arising out of SLP (Crl.) No. 19243/2025, respectively 7. , the applicant has no criminal antecedents and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the application is allowed. 9. Let the Applicant-Nitesh Kumar Sharma, involved in Crime No. 229/2025 registered at Police Station Tikrapara, Raipur District Raipur (C.G.) for the offence punishable under Sections 317(2), 317(4), 317(5), 111 of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of 5 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil